AN ACT to repeal §9A-1-13, §9A-1-14 and §9A-1-15 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §9A-1-2, §9A-1-4, §9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10,
§9A-1-11 and §9A-1-12 of said code, all relating to the
Department of Veterans’ Assistance; removing outdated
language; providing additional powers to the Secretary of
Department of Veteran’s Assistance; modifying the duties of
the Veterans’ Council; authorizing the Secretary to award
grants to provide transportation for veterans; and authorizing
the Secretary of the Department of Veterans’ Assistance to
enter into agreement with the Commissioner of the Department
of Agriculture to transfer certain property for construction
of a veterans skilled nursing facility.

Be it enacted by the Legislature of West Virginia:

That §9A-1-13, §9A-1-14 and §9A-1-15 of the Code of West
Virginia, 1931, as amended, be repealed; and that §9A-1-2, §9A-1-4,
§9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12
of said code be amended and reenacted, all to read as follows:

CHAPTER 9A. VETERANS’ ASSISTANCE.

ARTICLE 1. DEPARTMENT OF VETERANS’ ASSISTANCE.

§9A-1-2. Veterans’ Council; administration of department.

(a) There is continued the “Veterans’ Council” consisting of
nine members who must be citizens and residents of this state and
who have served in and been honorably discharged or separated under
honorable conditions from the Armed Forces of the United States and
whose service was within a time of war as defined by the laws of
the United States.

(b) Where feasible, two members of the council shall be
veterans of either World War II or the Korean Conflict, at least
two members of the council shall be veterans of the Vietnam era, at
least one member shall be a veteran of the first Gulf War and at
least one member shall be a veteran of the Afghanistan or Iraqi
Conflicts. The members of the veterans’ council shall be selected
with special reference to their ability and fitness to effectuate
the purposes of this article. If an eligible veteran is not
available or cannot be selected, a veteran who is a citizen and
resident of this state, who served in and was honorably discharged
or separated under honorable conditions from the Armed Forces of
the United States and who served during any time of war or peace
may be selected.

(c) The secretary and such officers, assistants and employees
as the secretary considers advisable, shall administer the West
Virginia Department of Veterans’ Assistance.

§9A-1-4. Duties and functions of Veterans' Council; appointment of
secretary; honoring academic achievement at military
academies.

(a) It is the duty and function of The Veterans' Council to
advise the secretary on the general administrative policies of the
department, to select, at their first meeting in each fiscal year
commencing on July 1, a chairperson to serve one year, to advise
the secretary on rules as may be necessary, to advise the Governor
and the Legislature with respect to legislation affecting the
interests of veterans, their widows, widowers, dependents and
orphans and to make annual reports to the Governor respecting the
service of the department. The secretary has the same eligibility
and qualifications prescribed for members of the Veterans' Council.
The secretary ex officio shall maintain all records of the
Veterans’ Council.

(b) The Veterans’ Council may annually honor each West
Virginian graduating from the U. S. Military Academy, the U. S.
Naval Academy, the U. S. Air Force Academy and the U. S. Coast
Guard Academy with the highest grade point average by bestowing
upon him or her the West Augusta Award. The award shall be in a
design and form established by the council and include the famous
Revolutionary War phrase from which the award’s name is derived:
“Once again our brethren from West Augusta have answered the call
to duty.” The council shall coordinate the manner of recognition
of the recipient at graduation ceremonies with each academy.

§9A-1-5. Compensation to and expenses of Secretary and Veterans’
Council members; meetings of Veterans’ Council.

(a) The secretary shall receive an annual salary as provided
in section two-a, article seven, chapter six of this code and
necessary traveling expenses incident to the performance of his or
her duties.

(b) The members of the Veterans’ Council shall receive no
salary, but each member shall receive the same compensation and
expense reimbursement as is paid to members of the Legislature for
their interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law for each day or
portion thereof engaged in the discharge of official duties. The
requisition for such expenses and traveling expenses shall be
accompanied by a sworn and itemized statement, which shall be filed
with the Auditor and permanently preserved as a public record.

(c) The Veterans’ Council shall meet on the call of its
chairman, except as otherwise provided.

(d) The Veterans’ Council shall meet not more than once every
two months at such times as may be determined by and upon the call
of the chairman for a period of not more than two days, unless
there should be an emergency requiring a special meeting or for a
longer period and so declared and called by the Governor or by the
chairman with the approval of the Governor.

(e) A majority of the members of the Veterans’ Council in
office shall constitute a quorum for the conduct of official
business.

§9A-1-6. Oaths.

The members of the Veterans’ Council, the secretary and the
officers of the department shall take and subscribe to the oath
prescribed by article four, section five of the state Constitution
before entering on their duties. Their oaths shall be filed with
the Secretary of State.

§9A-1-8. Offices.

(a) The offices of the secretary shall be located at the state
capitol or other place provided in the capital city. The secretary
shall keep his or her offices open at all reasonable times for the
transaction of business.

(b) The offices and meeting place of the Veterans’ Council
shall be in the offices of the secretary: Provided, That the
Veterans’ Council with the approval of the Governor may hold
meetings at other places but not outside of this state, except in
the District of Columbia.

§9A-1-9. Duties of department.

The department of veterans’ assistance shall:

(1) Assist veterans, their widows, widowers, dependents and
orphans within the state, in properly presenting their claims
before the United States Veterans’ Administration, its
administrator, or any federal agency, the State of West Virginia,
or any of the several states of the United States, when the claims
arise out of service with the armed forces of the United States as
defined in section one of this article;

(2) Contact all veterans’ organizations in this state through
their duly elected or appointive officers to effectuate the
purposes of this article and aid in the efficiency of the
operations of the department;

(3) Render all possible and proper advice, assistance and
counsel to veterans, their families, and their widows, dependents
and orphans, within the state, and furnish them information on
compensation, allowances, pensions, insurance, rehabilitation,
hospitalization, education, vocational training, or refresher or
retraining courses in education or training, employment, loans or
aid for the purchase, acquisition or construction of homes, farms,
farm equipment and business property, preference in the purchase of
property and preference in employment, as provided or may be
provided by any federal act, any federal agency, this state or
other states;

(4) Make careful inquiry into all claims presented for payment
out of the State Treasury from any appropriation made for the
benefit of veterans, their widows, widowers, dependents and
orphans.

§9A-1-10. Powers and duties of secretary.

The secretary is the executive and administrative head of the
department and has the power and duty, subject to the provisions of
section four of this article, to:

(a) Supervise and put into effect the purposes and provisions
of this article and the rules for the government of the department;

(b) Prescribe methods pertaining to investigations and
reinvestigations of all claims and to the rights and interests of
all veterans, their widows, widowers, dependents and orphans;

(c) Prescribe uniform methods of keeping all records and case
records of the veterans, their widows, widowers, dependents and
orphans;

(d) Sign and execute, in the name of the state by West
Virginia Department of Veterans’ Assistance, any contract or
agreement with the federal government or its agencies, other
states, subdivisions of this state, corporations, associations,
partnerships or individuals;

(e) Supervise the fiscal affairs and responsibilities of the
department;

(f) Organize the department to comply with the requirements of
this article and with the standards required by any federal act or
any federal agency;

(g) Establish any regional or area offices throughout the
state that are necessary to promote efficiency and economy in
administration;

(h) Make reports that comply with the requirements of any
federal act or federal agency and the provisions of this article;

(i) Cooperate with the federal and state governments for the
more effective attainment of the purposes of this article;

(j) Keep a complete and accurate record of all proceedings;
record and file all contracts and agreements and assume
responsibility for the custody and preservation of all papers and
documents pertaining to his or her office and the department;

(k) Prepare for the Veterans’ Council the annual reports to
the Governor of the condition, operation and functioning of the
department;

(l) Exercise any other powers necessary and proper to
standardize the work; to expedite the service and business; to
assure fair consideration of the rights and interests and claims of
veterans, their widows, widowers, dependents and orphans; to
provide resources for a program which will promote a greater
outreach to veterans and which will advise them of the benefits and
services that are available; and to promote the efficiency of the
department;

(m) Invoke any legal, equitable or special remedies for the
enforcement of his or her orders or the provisions of this article;

(n) Appoint the officers and heads of divisions of the
department, and of regional or area offices, and employ assistants
and employees, including case managers and counselors, that are
necessary for the efficient operation of the department;

(o) Provide resources and assistance in the development of an
Internet website which is to be used to inform veterans of programs
and services available to them through the department and the state
and federal governments;

(p) Delegate to all or any of his or her appointees,
assistants or employees all powers and duties vested in the
secretary, except the power to sign and execute contracts and
agreements: Provided, That the secretary shall be responsible for
the acts of his or her appointees, assistants and employees;

(q) Award grants, in his or her discretion, subject to
available appropriations, to provide for the transportation of
veterans to veterans’ hospitals from the veteran’s home or local
Veterans’ Assistance offices; and

(r) Enter into an agreement with the Commissioner of the
Department of Agriculture to transfer without consideration all or
part of the approximately seventeen acres of the Department of
Agriculture property in Beckley, West Virginia, located adjacent to
the Jackie Withrow Hospital which was formerly known as Pinecrest
Hospital, for construction of a veterans skilled nursing facility.

(a) There is continued in the State Treasury a special revenue
fund to be designated and known as the Veterans Facilities Support
Fund which shall be administered by the secretary.

(b) All interest or other returns earned on the investment of
the moneys in the fund shall be credited to the fund.

(c) Funds paid into the account shall be derived from the
following sources: (1) Any gift, grant, bequest, endowed fund or
donation which may be received by any veterans facility created by
statute from any governmental entity or unit or any person, firm,
foundation or corporation; and (2) All interest or other return on
investment accruing to the fund.

(d) Moneys in the fund are to be used for the operational
costs of any veterans facility created by statute, the acquisition,
design, construction, equipping, furnishing, including, without
limitation, the payment of debt service on bonds issued to finance
the foregoing and/or as otherwise designated or specified by the
donor.

(e) Any balance, including accrued interest or other earnings,
in this special fund at the end of any fiscal year shall not revert
to the General Revenue Fund but shall remain in the fund.

(f) Funds from the Veterans Facility Support Fund for
operational costs of any veterans’ facility as defined in this
section will be distributed by appropriation of the Legislature.

(g) Funds from the Veterans Facility Support Fund for the
acquisition, design, construction, equipping, furnishing,
including, without limitation, the payment of debt service on bonds
issued to finance the veterans nursing home shall be transferred to
the Veterans Nursing Home Building Fund upon written request of the
secretary.

§9A-1-12. Legal assistance.

The Attorney General of the state and his or her assistants,
and the prosecuting attorneys of the various counties, shall render
to the Veterans’ Council or secretary, such legal services as may
be required in the discharge of the provisions of this article.